Judgment

B. K. MUKHREJEA, C.J.I., This is a petition under Article 32 of the Constitution, preferred by six persons, who purport to may on the business of preparing, printing publishing and selling text books for different classes in the schools of Punjab, particularly for primary and middle classes, under the name and style "Uttar Chand Kapur & Sons". It is alleged that the Education Department of the Punjab Government has in pursuance of their so-called policy of nationalisation of text books, issued a series of notifications since 1950 regarding the printing, publication and sale of these books which have not only placed unwarrantable restrictions upon the rights of the petitioners to carry on their business but have practically ousted them and other fellow traders from the business altogether. It is said that no restrictions could be imposed upon the petitioner s right to carry on the trade which is guaranteed under Article 19(1)(g) of the Constitution by mere executive orders without proper legislation and that the legislation, if any, must conform to the requirements of clause (6) of Article 19 of the Constitution. Accordingly, the petitioners pray for writs in the nature of m